2013 ORS § 311.666¹
Definitions for ORS 311.666 to 311.701

As used in ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account):

(1) County median RMV means the median real market value entered on the last certified assessment and tax roll for all residential improved properties in the county in which a homestead is located that are classified as 1-0-1 pursuant to the rule adopted by the Department of Revenue under ORS 308.215 (Contents of assessment roll).

(2) Homestead means the owner occupied principal dwelling, either real or personal property, owned by the taxpayer and the tax lot upon which it is located. If the homestead is located in a multiunit building, the homestead is the portion of the building actually used as the principal dwelling and its percentage of the value of the common elements and of the value of the tax lot upon which it is built. The percentage is the value of the unit consisting of the homestead compared to the total value of the building exclusive of the common elements, if any.

(3) Household income has the meaning given that term in ORS 310.630 (Definitions for ORS 310.630 to 310.706).

(4)(a) Net worth means the sum of the current market value of all assets, including real property, cash, savings accounts, bonds and other investments, after deducting outstanding liabilities.

(b) Net worth does not include the value of a homestead for which deferral is claimed under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account), the cash value of life insurance policies on the life of a taxpayer or tangible personal property owned by a taxpayer.

(5) Person with a disability means an individual who has been determined to be eligible to receive or who is receiving federal Social Security benefits due to disability or blindness, including an individual who is receiving Social Security survivor benefits in lieu of Social Security benefits due to disability or blindness.

(6) Tax-deferred property means the property upon which taxes are deferred under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account).

(7) Taxes or property taxes means ad valorem taxes, assessments, fees and charges entered on the assessment and tax roll.

(8) Taxpayer means an individual who has filed, as an individual or jointly, a claim for deferral under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account).

(9)(a) Transferee means, without limitation, an heir, legatee, devisee, distributee of an estate of a deceased individual, the assignee or donee of an insolvent individual or a person acting in a fiduciary capacity on behalf of a transferee.

(b) Transferee does not mean a bona fide purchaser for value.

(10) U.S. City Average Consumer Price Index means the U.S. City Average Consumer Price Index for All Urban Consumers (All Items) as published by the Bureau of Labor Statistics of the United States Department of Labor. [1963 c.569 §7; 1977 c.160 §1; 1983 c.550 §1; 1999 c.1097 §1; 2001 c.184 §1; 2007 c.70 §77; 2011 c.723 §1; 2012 c.13 §3]

Note: Section 24, chapter 723, Oregon Laws 2011, provides:

Sec. 24. (1) The amendments to ORS 305.612 (Reciprocal offset of tax refunds in payment of liquidated debt or certain amounts payable), 311.356 (Receipt and notation by tax collector of property tax payments), 311.666 (Definitions for ORS 311.666 to 311.701), 311.668 (Eligibility of individuals by age or disability), 311.670 (Eligibility of property), 311.672 (Claim form), 311.676 (State to pay counties amount equivalent to deferred taxes), 311.679 (Estimate of deferred taxes), 311.681 (Request for retroactive deferral), 311.684 (Events requiring payment of deferred tax and interest), 311.686 (Time for payments), 311.688 (Claim by spouse to continue tax deferral), 311.689 (Certification of continuing eligibility), 311.691 (Taxes unpaid before deferral as lien), 311.693 (Application to delay foreclosure), 311.695 (Joint and several liability of transferees for deferral amounts), 311.700 (Deed or contract clauses prohibiting application for deferral are void), 311.701 (Senior Property Tax Deferral Revolving Account), 314.430 (Warrant for collection of taxes) and 410.422 (Oregon Project Independence Fund) by sections 1 to 4, 6 to 18, 20, 21 and 29 of this 2011 Act apply to property tax years beginning on or after July 1, 2011.

(2) The amendments to ORS 311.674 (Listing of tax-deferred property) by section 5 of this 2011 Act apply to interest that accrues on taxes advanced to counties for tax-deferred property for property tax years beginning on or after July 1, 2011.

(3) A claim for an initial year of deferral, or for continued deferral, under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account) may not be filed on or after April 16, 2021, and deferral may not be granted for a property tax year beginning after July 1, 2021. [2011 c.723 §24; 2011 c.723 §31]

Note: Section 7, chapter 13, Oregon Laws 2012, provides:

Sec. 7. (1) Notwithstanding section 24 (1), chapter 723, Oregon Laws 2011, the amendments to ORS 311.700 (Deed or contract clauses prohibiting application for deferral are void) by section 16, chapter 723, Oregon Laws 2011, apply to property tax years beginning on or after July 1, 2013, for homesteads:

(a) That were determined, pursuant to chapter 723, Oregon Laws 2011, to be ineligible for deferral under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account) solely because the homestead was pledged as security for a reverse mortgage;

(b) That had been granted deferral under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account) at the time of the determination of ineligibility; and

(c) For which an application for recertification of deferral under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account), as required pursuant to chapter 723, Oregon Laws 2011, was submitted on or before February 1, 2012, for the property tax year beginning on July 1, 2011.

(2) The Department of Revenue shall, as soon as practicable after the effective date of this 2012 Act [June 4, 2012]:

(a) Notify the respective tax collectors of homesteads to which subsection (1) of this section applies; and

(b) Pay, in the manner prescribed under ORS 311.676 (State to pay counties amount equivalent to deferred taxes), an amount equivalent to the property taxes that are eligible for deferral by operation of subsection (1) of this section.

(3) If property taxes that are eligible for deferral by operation of subsection (1) of this section have not been paid, any interest on the property taxes is abated.

(4)(a) The tax collector of the county in which a homestead described in subsection (1) of this section is located shall notify the governing body of the county of any refund required by operation of subsection (1) of this section.

(b) Upon receipt of notice from the tax collector under paragraph (a) of this subsection, the governing body shall cause a refund of any amount of property taxes and interest on the taxes that have been paid to be made from the refund reserve account, if the county has established a refund reserve account under ORS 311.807 (Refund reserve account), or from the unsegregated tax collections account described in ORS 311.385 (Deposit of property tax moneys in unsegregated tax collections account).

(c) A refund under this subsection shall be made without interest.

(d) The county assessor and the tax collector shall make the necessary corrections in the records of their offices. [2012 c.13 §7]

Note: Section 1, chapter 31, Oregon Laws 2013, provides:

Sec. 1. Notwithstanding section 24 (1), chapter 723, Oregon Laws 2011, and section 7, chapter 13, Oregon Laws 2012, the amendments to ORS 311.700 (Deed or contract clauses prohibiting application for deferral are void) by section 16, chapter 723, Oregon Laws 2011, relating to reverse mortgages do not apply to homesteads described in section 7 (1), chapter 13, Oregon Laws 2012. [2013 c.31 §1]

Note: Section 1, chapter 494, Oregon Laws 2013, provides:

Sec. 1. (1) Notwithstanding section 24 (1), chapter 723, Oregon Laws 2011, the amendments to ORS 311.670 (Eligibility of property) by section 3, chapter 723, Oregon Laws 2011, relating to the five-year minimum requirement and the amendments to ORS 311.700 (Deed or contract clauses prohibiting application for deferral are void) by section 16, chapter 723, Oregon Laws 2011, relating to reverse mortgages do not apply to a homestead that had been granted deferral under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account) for any property tax years beginning before July 1, 2011.

(2) The Department of Revenue shall provide notice to all individuals with inactive deferral accounts of the following:

(a) The provisions of this section;

(b) That the individuals may be eligible to claim deferral under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account) for their homesteads for property tax years beginning on or after July 1, 2014; and

(c) That reactivating the homestead for deferral pursuant to this section requires the individuals to file a claim for deferral in the manner prescribed in ORS 311.672 (Claim form).

(3) The department shall create and maintain a list of homesteads determined to be eligible under this section for reactivation for deferral under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account). Homesteads shall appear on the list in the order in which the individuals who own the homesteads file a claim for deferral in the manner prescribed in ORS 311.672 (Claim form) on or after the effective date of this 2013 Act [October 7, 2013].

(4) A determination of eligibility under this section has the effect of reactivating the homestead for deferral under ORS 311.666 (Definitions for ORS 311.666 to 311.701) to 311.701 (Senior Property Tax Deferral Revolving Account) beginning with the first property tax year that begins after the date on which the determination of eligibility is made and continuing for all subsequent property tax years for which the homestead and the individuals who own the homestead remain eligible for the deferral.

(5)(a) Notwithstanding subsection (4) of this section, for the property tax year beginning on July 1, 2014, the maximum number of homesteads appearing on the list created pursuant to subsection (3) of this section that may be reactivated for deferral under this section is 700.

(b) For the property tax year that begins on July 1, 2015, the cumulative maximum number of homesteads appearing on the list that may be reactivated for deferral shall increase by five percent of the maximum number allowable for the property tax year beginning on July 1, 2014, for a cumulative maximum total of 735.

(c) For each property tax year beginning on or after July 1, 2016, the cumulative maximum number of homesteads appearing on the list that may be reactivated for deferral shall increase by five percent of the maximum number allowable for the immediately preceding property tax year, in the manner prescribed in paragraph (b) of this subsection.

(6) ORS 311.670 (Eligibility of property) (2)(a) applies to a homestead reactivated for deferral under this section if, as of April 15 of the year in which a claim for deferral is filed, the taxpayers have continuously owned and lived in the homestead less than seven years. [2013 c.494 §1]